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Patentability in India

Biswajit Sarkar Copyright Blog

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).

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What Is The Right Stage For Filing A Patent?

Intepat

However, something more than conception is required for an invention to be ready for patenting. There is a trend among inventors to claim a patent at the time of ideation itself, while at the same time people also try to apply for a patent after bringing an invention to the public domain.

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Patentability Search of Software in India

IP and Legal Filings

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Traditional Knowledge and Trade Secrets

IP and Legal Filings

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain. In Religious Technology Center v.

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Examining Oppositions: Time for a Deeper Look

SpicyIP

A team from the Centre for Intellectual Property, Innovation and Technology at Hidayatullah National Law University recently released a monograph titled ‘A Study of Patent Opposition System’, available here (PDF). The Comparative Analysis section almost exclusively focuses on patent practices of developed countries.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

And be sure to confirm that all domain names and social media accounts are registered to the company; you would be surprised at how often a domain name or social media account is registered to an individual company employee and not the company itself. Such inventions may be protectable under federal patent laws.

IP 98
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Prior Art

Biswajit Sarkar Copyright Blog

In India, Section 2(1) (l) of the Act defines “new invention” as ‘any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain (..)

Art 52